Where claimant for parent's insurance benefits contributed income of
$872.00 to a total family income of $3,677.60 for the 12-month period
prior to the death of the wage earner, and the wage earner contributed
$2,223.60, and where the three members of the family unit resided and
consumed their meals in the same house, each benefiting to an
approximately equal degree by the income that was pooled for joint use,
held, claimant had not received at least one-half of her support
from the deceased wage earner as each family member's share of the total
funds available for the support of the household ($3,677.60) was
$1,225.87, or one-third, and claimant's own income ($872.00) exceeded
one-half of her support ($612.94).

Morton, District Judge:

This is an action pursuant to 42 U.S.C. §405(g) to obtain judicial review
of a final decision of the Secretary of Health, Education and Welfare
denying a claim for parent's insurance benefits.

On October 5, 1972, the plaintiff filed an application for Parent's
Insurance Benefits. On December 28, 1972, plaintiff was notified that her
claim was denied. After a request for reconsideration, plaintiff was again
notified that her claim was denied. On August 28, 1973, plaintiff filed a
request for a hearing and said hearing was held on February 19, 1974, at
Cookeville, Tennessee. On April 17, 1974, the administrative law judge
denied the claim. After plaintiff filed a request for review, the Appeals
Council notified plaintiff on October 8, 1974, that the decision of the
administrative law judge was correct and final. This action for court
review was filed on December 6, 1974.

The plaintiff is a 63 year old woman and is the mother of Gerald Hancock,
who died on February 29, 1972. Her son Gerald was disabled and was
receiving social security disability insurance benefits. The evidence must
establish that the plaintiff was receiving at least one-half of her
support from her son at the time of his death for a 12-month period
preceding his death.

During the 12-month period before Gerald Hancock's death, the evidence
reflects, and the plaintiff testified, that her household consisted of
herself, her son Gerald, and another son Larry. Larry Hancock was residing
at home with this mother and brother while attending Tennessee
Technological University, and was receiving public assistance benefits.

Plaintiff filed a certificate of Support indicating her income and
support at the time she applied for parent's insurance benefits. This
certificate reflects that plaintiff and her two sons had income during the
prescribed period which aggregated $3,677.60, consisting of Gerald
Hancock's social security benefits ($2,223.60); plaintiff's earnings from
babysitting during 1971 ($290.00); plaintiff's public assistance benefits
($582.00); and Larry Hancock's public assistance benefits ($582.00).
Plaintiff's contribution toward the total income was $872.00 ($290.00 +
$582.00). Gerald Hancock's contribution toward the total income was
$2,223.60.

As members of a family unit residing in and consuming their meals in the
same house, each of them benefited to an approximately equal degree by the
income that was pooled for their joint use, inasmuch as there were no
surplus funds diverted to a bank account or for other purposes. Therefore,
each family member's share of the total funds available for the support of
the household was $1,225.87, or one-third. One-half of plaintiff's share
was $612.94. Since Mrs. Hancock's own income $872.00) exceeded one-half of
her support ($612.94), she thus was not receiving at least one-half of her
support from her son Gerald.

It is true that Gerald Hancock's income of $2,223.60 was more than
one-half of the total income of $3,677.60 contributed by all of the family
members. However, the issue is not whether the deceased son furnished at
least one-half of the whole family's support, but whether he furnished at
least one-half of plaintiff's support during the 12 months preceding his
death.

The court concludes that plaintiff's son, Gerald Hancock, did not furnish
at least one-half of his mother's support during the relevant period, and
therefore, the decision of the Secretary is supported by substantial
evidence and must be affirmed. Halsey v. Richardson, 441 F.2d 1230
(6th Cir. 1971); Ross v. Richardson, 440 F.2d 690 (6th Cir.
1971).

On April 15, 1975, the plaintiff filed a motion to file an exhibit with
facts set out to be treated as an answer and motion for remand. The court
has considered this exhibit which is a copy of a statement regarding the
expenses of the plaintiff and concludes that it does not affect the
decision of the Secretary or this court.

In accordance with the Memorandum contemporaneously filed, it is ORDERED
that the decision of the Secretary of Health, Education and Welfare is
hereby affirmed.

Important Information:

Other Government Websites:

Follow:

External Link Disclaimer

You are exiting the Social Security Administration's website.

Select OK to proceed.

Disclaimer

The Social Security Administration (SSA) website contains links to websites not affiliated with the United States government. These may include State and Local governmental agencies, international agencies, and private entities.

SSA cannot attest to the accuracy of information provided by such websites. If we provide a link to such a website, this does not constitute an endorsement by SSA or any of its employees of the information or products presented on the non-SSA website.

Also, such websites are not within our control and may not follow the same privacy, security or accessibility policies. Once you visit such a website, you are subject to the policies of that site.